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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal trespass by an unauthorized immigrant; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30, Penal Code, is amended by adding |
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Section 30.055 to read as follows: |
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Sec. 30.055. CRIMINAL TRESPASS BY UNAUTHORIZED IMMIGRANT. |
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(a) A person commits an offense if the person: |
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(1) enters or remains on or in any public or private |
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property in this state; and |
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(2) fails to carry or have in the person's possession a |
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certificate of alien registration or an alien registration receipt |
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card in violation of 8 U.S.C. Section 1304(e). |
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(b) It is a defense to prosecution under this section that |
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the person charged produces to the court one of the documents |
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described by Subsection (a) that was valid at the time the offense |
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is alleged to have occurred. If the court verifies a document |
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produced under this subsection, the court shall dismiss the charge. |
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(c) On a plea of guilty or nolo contendere in a case for an |
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offense under Subsection (a), the judge shall defer further |
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proceedings without entering an adjudication of guilt on condition |
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that the defendant leave the United States not later than 30 days |
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after the date the defendant enters the plea. An order of deferral |
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under this subsection terminates any liability under a bail bond or |
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an appearance bond given for the charge. |
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(d) If, before the expiration of the period of the statute |
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of limitations for an offense under Subsection (a), the defendant |
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returns to the United States without obtaining proper documentation |
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required by federal law to enter or remain in the country, the court |
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in which the defendant's criminal case is pending shall issue a |
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warrant for the defendant's arrest and proceed on the criminal |
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case. |
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(e) Except as otherwise provided by this subsection, an |
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offense under this section is a Class B misdemeanor, with a maximum |
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fine of $4,500. An offense under this section is a state jail |
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felony, with a maximum fine of $11,000, if: |
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(1) it is shown on the trial of the offense that the |
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person has previously been finally convicted of an offense under |
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this section; or |
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(2) during the 60-month period preceding the date the |
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person was convicted of the offense, the person was removed from the |
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United States pursuant to 8 U.S.C. Section 1229a or accepted a |
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voluntary removal from the United States pursuant to 8 U.S.C. |
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Section 1229c. |
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SECTION 2. This Act takes effect September 1, 2015. |